Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Committee procedure
1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and Article 5(4), third subparagraph, of Regulation (EU) No 182/2011 shall apply.
Exercise of delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 4(11) and (12), Article 5(4), and Article 7(5) shall be conferred on the Commission for a period of five years from 28 January 2025. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. As regards a delegated act adopted pursuant to Article 4(11), if an objection under paragraph 6 of this Article has been expressed either by the European Parliament or by the Council, the European Parliament or the Council shall not oppose the tacit extension referred to in the first subparagraph of this paragraph. 3. The delegation of power referred to in Article 4(12), Article 5(4) and Article 7(5) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 4(11) or (12), Article 5(4) or Article 7(5) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Monitoring and evaluation
1. eu-LISA shall ensure that procedures are in place to monitor the development of the router in light of objectives relating to planning and costs, and to monitor the functioning of the router in light of objectives relating to the technical output, cost-effectiveness, security and quality of service. 2. By 29 January 2026 and every year thereafter during the development phase of the router, eu-LISA shall produce a report on the state of play of the development of the router, and submit that report to the European Parliament and to the Council. The report shall contain detailed information about the costs incurred and about any risks which may impact the overall costs to be borne by the general budget of the Union in accordance with Article 32. 3. Once the router starts operations, eu-LISA shall produce a report and submit it to the European Parliament and to the Council explaining in detail how the objectives, in particular relating to planning and costs, were achieved and giving reasons for any divergences. 4. By 29 January 2029, and every four years thereafter, the Commission shall produce a report containing an overall evaluation of this Regulation, including on the necessity and added value of the collection of API data, including an assessment of: (a) the application of this Regulation; (b) the extent to which this Regulation achieved its objectives; (c) the impact of this Regulation on fundamental rights protected under Union law; (d) the impact of this Regulation on the travel experience of legitimate passengers; (e) the impact of this Regulation on the competitiveness of the aviation sector and the burden incurred by businesses; (f) the quality of the data transmitted by the router to the PIUs; (g) the performance of the router in respect of the PIUs. For the purposes of point (e) of the first subparagraph, the Commission’s report shall also address this Regulation’s interaction with other relevant Union legislative acts, in particular Regulations (EC) No 767/2008, (EU) 2017/2226 and (EU) 2018/1240 and, in order to assess the overall impact of related reporting obligations on air carriers, identify provisions that could be updated and simplified, where appropriate, to mitigate the burden on air carriers, and consider actions and measures that could be taken to reduce the total cost pressure on air carriers. 5. The evaluation referred to in paragraph 4 shall also include an assessment of the necessity, proportionality and effectiveness of including the mandatory collection and transfer of API data relating to intra-EU flights within the scope of this Regulation. 6. The Commission shall submit the evaluation report to the European Parliament, the Council, the European Data Protection Supervisor and the European Agency for Fundamental Rights. If appropriate, in light of the evaluation conducted, the Commission shall make a legislative proposal to the European Parliament and to the Council with a view to amending this Regulation. 7. The Member States and air carriers shall, upon request, provide eu-LISA and the Commission with the information necessary to draft the reports referred to in paragraphs 2, 3 and 4. In particular, Member States shall provide quantitative and qualitative information on the collection of API data from an operational perspective. The information provided shall not include personal data. Member States may refrain from providing such information if, and to the extent, necessary not to disclose confidential working methods or jeopardise ongoing investigations of their PIUs or other competent authorities. The Commission shall ensure that any confidential information provided is appropriately protected.
Entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union . It shall apply: (a) in relation to API data, from the date two years from the date on which the router starts operations, as determined by the Commission in accordance with Article 34; and (b) in relation to other PNR data, from the date four years from the date on which the router starts operations, as determined by the Commission in accordance with Article 35. However: (a) Article 4(12), Article 5(3), Article 7(5), Article 11(5), Article 12(6), Article 18(4), Article 23(2), Article 24(2), Article 25, Article 28, Article 29, Article 32(1), Article 34, Article 35, Article 42 and Article 43 shall apply from 28 January 2025; (b) Article 6, Article 17(1), (2) and (3), Article 18(1), (2) and (3), Article 19, Article 20, Article 26, Article 27, Article 33 and Article 36 shall apply from the date on which the router starts operations, as determined by the Commission in accordance with Article 34 and Article 35.
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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.